Maverick Terms And Conditions Page
Terms & Conditions
This is to certify that the named materials are properly classified, described, packaged, marked and labeled and are in proper condition for transportation according to the applicable regulations of the department of transportation.
Caution: Let no oil, grease, or oil based lubricant of any nature come in contact with any part of the oxygen cylinder, regulator or fittings, as this is considered dangerous. Acetylene, propane and hydrogen are flammable and explosive gases and considered dangerous. Do not use containers that are not marked with legible labels identifying contents.
Caution: Transporting gas cylinders in cars, vans or other closed motor vehicles is DANGEROUS and should be avoided. Gas cylinders must never be moved in closed spaces, including but not limited to car trunks, due to the high risk of explosion or fire.
- The cylinders, fittings and caps (hereafter cylinders) covered by this document are rented or leased by Maverick Oxygen & Respiratory Equipment, LLC, (hereafter Supplier) to the customer, not sold, and are to be returned to Supplier in good condition and repair. All cylinders are rented at current daily rates, beginning with the date of delivery. Rental charges are assessed as of the last day of each month.
- The customer shall not loan the cylinders nor shall the customer permit them to be refilled other than by Supplier.
- Customer acknowledges receipt of the cylinder described on this document. Customer shall be conclusively presumed to have possession or control of such cylinders and NO CLAIM THAT ANY CYLINDER HAS BEEN RETURNED WILL BE HONORED UNLESS PURCHASER HOLDS SUCH A SIGNED RECEIPT FROM SELLER EVIDENCING THE RETURN OF THAT CYLINDER.
- The customer shall be responsible for damage or loss of the value of the cylinders from the time of acceptance of delivery of the cylinders by the customer until they are returned to Supplier.
- Customer shall pay Supplier upon demand the value of any cylinders lost, destroyed or damaged, through any cause whatsoever, or not returned to Supplier within two (2) months from date of shipment to the customer or, if damaged and the damage can be repaired, the cost of making such repair. Payment by the customer of charges for damaged, lost or destroyed cylinders shall not give any ownership interest in the cylinders to the customer.
- There are no refunds for returns of residual cylinder gas of any type.
- Taxes: The customer shall be liable for any and all taxes, assessments and other government charges, now or in the future against any of Supplier’s cylinders and equipment on rent, lease, demurrage or loan to them.
- A late payment charge of 2 ½ %, or a minimum of $5.00 per month (whichever is greater), may be assessed on all unpaid amounts over 30 days old.
- Warning: Transport and use of compressed gases may be extremely dangerous. Do not transport without protective caps, in confined spaces or in any other improper manner. Always transport cylinders in a secured upright position. Customer acknowledges that he has received safety instruction sheet from Supplier, Safe Handling of Compressed Gases.
- Limitation of Liability: Supplier shall be liable only for the repair or replacement of defective gas cylinders and contents. Customer knowingly and fully assumes the risks of transporting and using compressed gases. In no event shall Supplier be liable for consequent damages. Supplier shall not be liable for any damages, direct, indirect, special, incidental, consequential or otherwise, arising out of or in connection with any product referred to herein or the manufacture packaging, delivery, storage, or use of it, whether such damage shall result negligence, breach of warranty or otherwise.
- The goods, gas products and cylinders are delivered F.O.B. Seller’s place of business. If an amount for transportation charges is stated on the face hereof, or on the invoice for the goods, gas product and/or cylinders, Purchaser shall reimburse Seller for shipping expense. Otherwise, Seller shall pay shipping expenses. Seller is authorized to ship the goods and cylinders to Purchaser by its own delivery trucks, or by common carrier, and in such case the carrier shall be instructed to deliver to the person, firm or entity at the address shown after the phrase “Ship To” on the face of this document. When shipped by common carrier, Seller does not assume responsibility for damage or loss in transit.
- Subject to the prior consent of Supplier, items sold or delivered, or to be sold or delivered hereunder are returnable to Supplier only within thirty (30) days of sale or delivery, and shall be subject to a minimum of twenty percent (20%) restocking charge.
- Customer shall be in default hereunder upon customer’s failure to make payment as required herein or upon customer’s failure to comply with any of the terms and conditions contained herein or upon the institution of any voluntary or involuntary bankruptcy, insolvency, receivership or debtor relief processing by or against customer or upon customer’s making of an assignment for the benefit of creditors. In the event of such default by customer hereunder, customer shall be liable for any and all costs and expenses of collection and/or repossession, including reasonable attorney’s fees.
- If any term or condition of this Agreement is held invalid, then such invalidity shall not affect any other term or condition of the Agreement, which shall remain in full force and effect.
- The terms, conditions, and provisions of Supplier’s sale of goods and gas products, and loan of cylinders, to customer shall be governed in all respects by and construed in accordance with the laws, (including without limitation, the conflicts of laws rules) of the Commonwealth of Kentucky.